Planning Bill

House of Commons

Session 2007 - 08
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Planning Bill

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 2 — The Panel procedure
43

Panel’s role in relation to application
74
Panel to decide, or make recommendation in respect of, application
(1)
Where a national policy statement has effect in relation to development of the
description to which the application relates, the Panel has the functions of—
(a)
examining the application, and
5
(b)
deciding the application.
(2)
In any other case, the Panel has the functions of—
(a)
examining the application, and
(b)
making a report to the Secretary of State on the application setting
out—
10
(i)
the Panel’s findings and conclusions in respect of the
application, and
(ii)
the Panel’s recommendation as to the decision to be made on
the application.
(3)
The Panel’s functions under this section are to be carried out in accordance
15
with Chapter 4.
(4)
The staff of the Commission have the function of providing or procuring
support for members of the Panel undertaking the Panel’s functions under this
section.
75
Decision-making by the Panel
20
(1)
The making of a decision by the Panel requires the agreement of a majority of
its members.
(2)
The lead member has a second (or casting) vote in the event that the number of
members of the Panel agreeing to a proposed decision is the same as the
number of members not so agreeing.
25
76
Allocation within Panel of Panel’s functions
(1)
This section applies in relation to the Panel’s examination of the application.
(2)
The Panel, as an alternative to itself undertaking a part of the examination, may
allocate the undertaking of that part to any one or more of the members of the
Panel.
30
(3)
Where there is an allocation under subsection (2)—
(a)
anything that under Chapter 4 is required or authorised to be done by
or to the Panel in connection with the allocated part of the examination
may be done by or to the member or members concerned (or by or to
the Panel), and
35
(b)
findings and conclusions of the member or members concerned in
respect of the matters allocated are to be taken to be the Panel’s.
(4)
Subsection (3)(b) has effect subject to any decision of the Panel, made on the
occasion of making the allocation or earlier, as to the status of any such findings
or conclusions.
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Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
44

(5)
Where there is an allocation under subsection (2) to two or more of the
members of the Panel, the making of a decision by the members concerned
requires the agreement of all of them.
77
Exercise of Panel’s powers for examining application
(1)
In this section “procedural power” means any power conferred on the Panel for
5
the purposes of its examination of the application.
(2)
A procedural power, as well as being exercisable by the Panel itself, is also
(subject to subsection (3)) exercisable by any one or more of the members of the
Panel.
(3)
The Panel may decide to restrict or prohibit the exercise of a procedural power
10
otherwise than by the Panel itself.
(4)
Subsection (2)—
(a)
applies whether or not there is an allocation under section 76(2), and
(b)
where there is such an allocation, is in addition to section 76(3)(a).
(5)
Subsection (3) does not authorise curtailment of a power conferred by section
15
76(3)(a).
Chapter 3
The single-Commissioner procedure
The single Commissioner
78
Single Commissioner to handle application
20
(1)
This Chapter applies where—
(a)
the Commission accepts an application for an order granting
development consent, and
(b)
under section 61(2), it is decided that the application is to be handled by
a single Commissioner under this Chapter.
25
(2)
In this Chapter “the single Commissioner” means the person who is appointed
to handle the application under this Chapter.
79
Appointment of single Commissioner
(1)
The person appointed to chair the Commission must appoint a Commissioner
to handle the application.
30
(2)
A person may under subsection (1) make a self-appointment.
(3)
Before making an appointment under subsection (1), the person making the
appointment must consult—
(a)
the other Commissioners who, for the purpose of responding to
consultation about the appointment, are members of the Council,
35
(b)
any Commissioner not within paragraph (a) who the person thinks it
appropriate to consult, and
(c)
the chief executive of the Commission.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
45

(4)
In making an appointment under subsection (1), the person making the
appointment must have regard to any views expressed—
(a)
by any of the other Commissioners, or
(b)
by the chief executive of the Commission,

as to which Commissioner should be appointed.
5
80
Ceasing to be the single Commissioner
(1)
A person ceases to be the single Commissioner if the person ceases to be a
Commissioner, but this is subject to section 81.
(2)
A person may resign from being the single Commissioner by giving notice in
writing to the Commission.
10
(3)
The person appointed to chair the Commission (“the chair”) may remove a
person (“the appointee”) from being the single Commissioner if the chair is
satisfied that the appointee is unable, unwilling or unfit to perform the duties
of the single Commissioner.
81
Single Commissioner continuing though ceasing to be Commissioner
15
(1)
This section applies if—
(a)
a person (“the ex-Commissioner”) ceases to hold office as a
Commissioner (other than by being removed from office under
paragraph 4(2) of Schedule 1),
(b)
immediately before ceasing to hold office, the ex-Commissioner is the
20
single Commissioner,
(c)
the ex-Commissioner is still handling the application at the time the ex-
Commissioner ceases to hold office, and
(d)
before ceasing to hold office, the ex-Commissioner elects to continue
acting as a Commissioner in relation to the application.
25
(2)
For the purpose of the application, the ex-Commissioner is to be treated as
continuing to hold office until—
(a)
the ex-Commissioner has reported to the Commission, or (as the case
may be) the Secretary of State, on the application, or
(b)
(if earlier) the ex-Commissioner ceases to be the single Commissioner.
30
(3)
For the purpose of any proceedings arising out of the application, the ex-
Commissioner is to be treated as having continued to hold office until—
(a)
the ex-Commissioner had reported to the Commission, or (as the case
may be) the Secretary of State, on the application, or
(b)
(if earlier) the ex-Commissioner ceased to be the single Commissioner.
35
(4)
An election under subsection (1)(d) is effective only if made in writing to each
of the following—
(a)
the chief executive of the Commission;
(b)
the person appointed to chair the Commission, where the ex-
Commissioner is not the person appointed to chair the Commission.
40
82
Appointment of replacement single Commissioner
(1)
Where a person ceases to be the single Commissioner, a new appointment of a
person to handle the application must be made under section 79.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 3 — The single-Commissioner procedure
46

(2)
Where that happens, the new single Commissioner may, so far as may be
appropriate, decide to treat things done by or in relation to any previous single
Commissioner as done by or in relation to the new single Commissioner.
(3)
Where the single Commissioner makes a decision under subsection (2), the
single Commissioner is under a duty to acquire the necessary knowledge of the
5
previous proceedings on the application.
Single Commissioner’s role in relation to application
83
Single Commissioner to examine and report on application
(1)
The single Commissioner has the functions of—
(a)
examining the application, and
10
(b)
making a report on the application setting out—
(i)
the single Commissioner’s findings and conclusions in respect
of the application, and
(ii)
the single Commissioner’s recommendation as to the decision
to be made on the application.
15
(2)
A report under subsection (1)(b) is to be made—
(a)
to the Commission, if a national policy statement has effect in relation
to development of the description to which the application relates;
(b)
to the Secretary of State, in any other case.
(3)
The single Commissioner’s functions under subsection (1) are to be carried out
20
in accordance with Chapter 4.
(4)
The staff of the Commission have the function of providing or procuring
support for the single Commissioner in connection with the single
Commissioner’s carrying-out of the functions under subsection (1).
Commission’s role in respect of application
25
84
Report from single Commissioner to be referred to Council
(1)
This section applies where, in a case within section 83(2)(a), the Commission
receives the single Commissioner’s report on the application.
(2)
The Commission must—
(a)
refer the application to the Council for decision, and
30
(b)
supply the report to the Council.
85
Decisions made by the Council on the application
(1)
This section applies to decisions made by the Council in deciding the
application.
(2)
At least five members of the Council must participate in making a decision.
35
(3)
The making of a decision requires the agreement of a majority of the members
of the Council who are participating in making it.

Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
47

(4)
The person chairing the Council has a second (or casting) vote in the event that
the number of members of the Council agreeing to a proposed decision is the
same as the number of members not so agreeing.
Chapter 4
Examination of applications under Chapter 2 or 3
5
86
Chapter applies to examination by Panel or single Commissioner
(1)
This Chapter applies—
(a)
in relation to the examination of an application by a Panel under
Chapter 2, and
(b)
in relation to the examination of an application by a single
10
Commissioner under Chapter 3.
(2)
In this Chapter as it applies in relation to the examination of an application by
a Panel under Chapter 2, “the Examining authority” means the Panel.
(3)
In this Chapter as it applies in relation to the examination of an application by
a single Commissioner under Chapter 3, “the Examining authority” means the
15
single Commissioner.
87
Examining authority to control examination of application
(1)
It is for the Examining authority to decide how to examine the application.
(2)
The Examining authority, in making any decision about how the application is
to be examined, must—
20
(a)
comply with—
(i)
the following provisions of this Chapter, and
(ii)
any rules made under section 97, and
(b)
have regard to any guidance given by the Secretary of State, and any
guidance given by the Commission, relevant to how the application is
25
to be examined.
(3)
The Examining authority may in examining the application disregard
representations if the Examining authority considers that the
representations—
(a)
are vexatious or frivolous,
30
(b)
relate to the merits of policy set out in a national policy statement, or
(c)
relate to compensation for compulsory acquisition of land or of an
interest in or right over land.
88
Initial assessment of issues, and preliminary meeting
(1)
The Examining authority must make such an initial assessment of the principal
35
issues arising on the application as the Examining authority thinks
appropriate.
(2)
After making that assessment, the Examining authority must hold a meeting.
(3)
The Examining authority must invite to the meeting—
(a)
the applicant, and
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Planning Bill
Part 6 — Deciding applications for orders granting development consent
Chapter 4 — Examination of applications under Chapter 2 or 3
48

(b)
each other interested party,

whether or not the Examining authority is required by rules under section 97,
or chooses, also to invite other persons.
(4)
The purposes of the meeting are—
(a)
to enable invitees present at the meeting to make representations to the
5
Examining authority about how the application should be examined,
(b)
to discuss any other matter that the Examining authority wishes to
discuss, and
(c)
any other purpose that may be specified in rules under section 97.
(5)
Subsections (2) to (4) do not prevent the Examining authority holding other
10
meetings.
(6)
Rules under section 97—
(a)
may (in particular) make provision supplementing subsections (1) to
(4), and
(b)
must make provision as to when the assessment under subsection (1) is
15
to be made and as to when the meeting required by subsection (2) is to
be held.
89
Examining authority’s decisions about how application is to be examined
(1)
The Examining authority must in the light of the discussion at the meeting held
under section 88(2) make such procedural decisions as the Examining
20
authority thinks appropriate.
(2)
The decisions required by subsection (1) may be made at or after the meeting.
(3)
The Examining authority may make procedural decisions otherwise than as
required by subsection (1), and may do so at any time before or after the
meeting.
25
(4)
The Examining authority must inform each interested party of any procedural
decision made by the Examining authority.
(5)
In this section “procedural decision” means a decision about how the
application is to be examined.
90
Written representations
30
(1)
The Examining authority’s examination of the application is to take the form
of consideration of written representations about the application.
(2)
Subsection (1) has effect subject to—
(a)
any requirement under section 91, 92 or 93 to cause a hearing to be held,
and
35
(b)
any decision by the Examining authority that any part of the
examination is to take a form that is neither—
(i)
consideration of written representations, nor
(ii)
consideration of oral representations made at a hearing.
(3)
Rules under section 97 may (in particular) specify written representations
40
about the application which are to be, or which may be or may not be,
considered under subsection (1).